AI Supplementary Terms of Service
Last Updated December 18, 2023
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These GRIN AI Supplementary Terms of Service (“GRIN AI Terms”) form a part of the GRIN Terms of Service at https://grin.ai/terms (“Terms”) and the additional Creator Terms of Service at https://grin.ai/terms-of-use-influencers/ (“AToS”), between you as a Creator and GRIN Technologies, Inc. (the “Agreement”). These GRIN AI Terms apply to your access and use of any GRIN AI feature(s) and functionality. Except as expressly provided in these GRIN AI Terms, all of the terms and provisions of the Agreement shall remain unmodified by these GRIN AI Terms and will remain in full force and effect. To the extent there is a conflict between these GRIN AI Terms and the Agreement, the GRIN AI Terms shall supersede the Agreement specifically as it relates to Customer’s use of GRIN AI. Any capitalized terms used herein have the same meaning as in the Agreement.
1. Acceptance of GRIN AI Terms. Please review these GRIN AI Terms carefully. By accessing or using GRIN AI, you agree to comply with and be legally bound by the terms, conditions and restrictions of these GRIN AI Terms. By accepting these GRIN AI Terms or accessing the GRIN AI (as defined below), you agree to be legally bound by these terms and conditions and represent to GRIN that you have the authority to enter into these GRIN AI Terms. If you do not agree to be bound by these GRIN AI Terms, you should not click acceptance of these GRIN AI Terms or access the GRIN AI. BY ACCEPTING THESE GRIN AI TERMS AND ACCESSING THE GRIN AI, YOU CONSENT TO OPENAI, LLC AS A SUBPROCESSOR TO PROVIDE THE GRIN AI.
2. General. “GRIN AI” means any feature(s) or functionality made available by GRIN that utilize artificial intelligence, machine learning, or similar technologies. GRIN AI may be developed by GRIN and/or GRIN’s third-party providers, and are a part of the Services. These GRIN AI Terms only apply to GRIN AI provided within the Services and not to any artificial intelligence, machine learning, or similar technologies provided by third party products. GRIN and its licensors exclusively own all right, title, and interest in and to GRIN AI, including all associated intellectual property rights.
3. GRIN AI Functionality. You acknowledge that GRIN may change, modify, deprecate or republish the GRIN AI and all related functionality for any Services or feature of the Services from time to time at its sole discretion. GRIN will provide notice of any material changes or modifications to you via your dashboard within the Services or the GRIN website.
4. AI Content. If you choose to access and use GRIN AI, your Content that is uploaded or otherwise used in connection with the GRIN Services (“Input”) will be used by GRIN AI and you will receive output generated and returned by GRIN AI based on your Input (“Output”, and together with Input, “Al Content”). When you use GRIN AI, Input and Output are your Content. You are solely responsible for your AI Content, including compliance with applicable laws and the Agreement. You will ensure that your AI Content will not (i) violate any applicable law; (ii) violate these GRIN AI Terms or the Agreement (including without limitation all Content use restrictions set forth in Section 7 of the AToS); or (iii) infringe, violate, or misappropriate any of our rights or the rights of any third party. You acknowledge that due to the nature of machine learning and the technology powering GRIN AI features, your Output may not be unique and GRIN AI may generate the same or similar output to GRIN or a third party.
5. Training AI Models. Your Content will not be used to train the AI models for the purpose of other GRIN Creators or Customers. We do not permit our third-party Subprocessors of GRIN AI to use your Content to train their Al models.
6. Usage Restrictions. You may not use GRIN AI or Output (a) to develop foundation models or other large-scale models that compete with GRIN or GRIN AI, (b) to mislead any person that Output from the Services was solely human-generated, (c) in a manner that violates any technical documentation, usage guidelines, or parameters, (d) to make automated decisions that may have a detrimental impact on individual rights without appropriate human supervision, or (e) in a manner that infringes, violates, or misappropriates any of our rights or the rights of any third party.
7. Warranty Disclaimer. GRIN AI IS PROVIDED TO YOU ON AN “AS IS” BASIS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. GRIN DOES NOT MAKE ANY WARRANTY REGARDING THE OUTPUT OR RESULTS OBTAINABLE FROM USING GRIN AI OR THE ACCURACY OR SUITABILITY FOR YOUR NEEDS OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, INFORMATION, MATERIALS, DESIGNS, CODE, OR OTHER DATA) OBTAINED THROUGH GRIN AI AND GRIN HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE IN RELATION TO THE GIN AI FUNCTIONALITY. YOU UNDERSTAND AND AGREE THAT ANY SUCH INFORMATION OBTAINED THROUGH USING GRIN AI IS AT YOUR SOLE RISK. DO NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENT FACT-CHECKING. DO NOT RELY ON DESIGNS, WORKFLOWS/PROCESSES, OR CODE IN OUTPUT WITHOUT INDEPENDENT REVIEW OF FUNCTIONALITY AND SUITABILITY FOR YOUR NEEDS. NO SUCH INFORMATION, SUGGESTIONS, OR OUTPUT, OBTAINED BY YOU FROM GRIN OR THROUGH GRIN AI SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
8. Service Level Terms Are Not Applicable. Notwithstanding anything to the contrary in your Agreement, downtime of GRIN AI that results from a failure of a third party service will not be included in any GRIN service level agreement or any other uptime commitments.
9. Optional Integration. GRIN AI is powered by OpenAI solutions. OpenAI is an optional integration that is not required for use of the GRIN Services. You are not required to use, test, or trial GRIN AI. If you choose to use the GRIN AI feature(s), OpenAI will be listed as a Subprocessor. See https://grin.ai/legal-subprocessors/ for more details. Further, if you choose to use GRIN AI, you may not use the GRIN AI features in a manner that violates any OpenAI Policy, including their Content Policy; Sharing and Publication Policy; and Community Guidelines as may be updated by OpenAI from time to time.
10. Beta Program If you are invited to and agree to participate in a GRIN Evaluation Program or Beta Program, you acknowledge that Evaluation or Beta versions of the Services are prerelease versions of the Services and as such may contain errors, bugs, or other defects. Additionally, your use of Evaluation and/or Beta versions of the Services is subject to GRIN’s sole discretion as to length and scope of use, updates and support of such Evaluation or Beta versions of the Services.
Disclaimer: The original, legally binding version of this document is written in English. If it is translated into other languages by non- native English-speakers or by software, there may be discrepancies between the English version and the translated version. If so, the English version supersedes the translated version.
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